Preventing Torture An Operational Guide for National Human Rights Institutions Chapter 8: Monitoring places of detention Key questions • What is the difference between preventive and investigative monitoring? • What steps should be taken to prepare for a visit to a place of detention? • What are the different steps involved in carrying out a visit? • What type of reporting is required following a visit? Legal basis for NHRI involvement Paris Principles Competence and responsibilities 3. A national institution shall, inter alia, have the following responsibilities: (a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral (…). These opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas: (ii) Any situation of violation of human rights which it decides to take up (iv)Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and where, necessary, expressing an opinion o the positions and reactions of the government. (b) To promote and ensure the harmonization of national legislation, regulations and practices with the international instruments to which the State is Party and their effective implementation. ACJ Reference on Torture Alternative measures to combat torture NHRIs should work with the Governments to improve the current infrastructure of detention facilities so as to ensure that human dignity is respected. Monitoring NHRIs should also take a proactive role in monitoring detention facilities. In order to facilitate this role, NHRIs (and any other monitoring agencies) should have free and unfettered access to all places of detention, the ability to interview persons in private and full access to all relevant documentation. The monitoring team should be multi-disciplinary and include lawyers and medical personnel. 82 | Chapter 8: Monitoring places of detention